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Harold Oh
I deal with UCC filings daily and see this all the time. The most common cause is that lenders file amendments to increase the secured amount to cover fees, interest, or additional advances without always notifying the borrower immediately. Pull a complete search by filing number - that will show you everything.
Thanks for the advice. I'm going to pull the complete filing history first thing tomorrow morning. Really hoping it's just an amendment I missed and not something more complicated.
Harold Oh
•Nine times out of ten it's just an amendment. UCC-3 forms are used for all kinds of modifications and sometimes they get filed as part of standard loan documentation without being highlighted to the borrower.
Amun-Ra Azra
Has anyone tried using document verification tools for this kind of problem? I've heard there are services that can automatically compare UCC filings but haven't tried any myself. Might be worth looking into if you're dealing with complex financing arrangements.
Amun-Ra Azra
•Good to know there are tools available. Manual document comparison is such a pain, especially when you're dealing with multiple amendments and continuations.
Summer Green
•I usually just call the filing office but these automated tools sound much more efficient.
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Zadie Patel
Hope this helps but just want to confirm you're talking about searching for existing UCC filings in New York, not some specific 'UCC 11' form or process. The standard search will show you all active financing statements filed against your debtor in NY. Make sure you spell the debtor name exactly as it appears in their formation documents.
Yes, that's exactly what I need. Thanks for confirming I was on the right track, just got confused by some online reference to 'UCC 11 search' that didn't make sense.
Probably just a typo or misunderstanding somewhere. UCC-1 search is the standard terminology.
I've been doing UCC due diligence for years and still sometimes get tripped up by name variations. Last week I almost missed a filing because the original UCC-1 used 'Inc.' while our loan documents had 'Incorporated' spelled out. Now I use Certana.ai to upload both the charter documents and any UCC filings I find - it automatically flags name inconsistencies and potential issues I might overlook when comparing documents manually. Has saved me from several costly mistakes.
It really is. The automated cross-checking catches things that are easy to miss when you're reviewing multiple documents. Plus it's much faster than doing manual comparisons.
Emma Morales
•Another vote for being extra careful with debtor names. I've seen deals delayed because of name mismatches between the UCC search and the actual entity name.
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Zara Khan
Quick follow up - did you remember to include the LLC's registered agent address? Some states are picky about having complete debtor information.
Yes the registered agent address is included. I think it's definitely the name format issue based on what everyone's saying here.
FINAL UPDATE: Found the issue! The state database had the name as "Bayou Construction Equipment LLC" (no comma) but the articles of incorporation had "Bayou Construction Equipment, LLC" (with comma). Filed with the database version and it went through immediately. Thanks everyone for the suggestions!
Nia Williams
•Great news! Now you know for future Louisiana filings to always check their database first.
Luca Ricci
•Perfect example of why document verification tools are so useful. Saves so much time vs trial and error.
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Update us on how this turns out! I have a similar situation brewing with one of my borrowers and I'm dreading having to deal with it.
Will do. Hopefully I can get this resolved without losing our security interest. Thanks everyone for the advice - definitely filing that amendment this week.
Jabari-Jo
•Good luck! Bankruptcy security agreement enforcement is never fun but at least you caught the issue before it was too late.
Just wanted to add - if you're dealing with equipment collateral worth $2.8M, you might also want to consider whether any of it qualifies as fixtures that need special UCC filing treatment. Sometimes equipment gets reclassified during bankruptcy proceedings.
Micah Trail
•Manufacturing equipment bolted to the floor almost always needs fixture filings. You might have bigger problems than just the name change issue.
Not necessarily - depends on the state and how permanently attached it is. But definitely worth reviewing before the trustee raises that issue too.
GalacticGladiator
Just a thought but have you looked at similar filings in your state to see how others handle mixed manufacturing collateral? Sometimes the SOS website has examples or you can search recent filings for guidance on collateral language that gets accepted.
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Zainab Abdulrahman
•Good idea - I should check what language other filers are using successfully. Might give me some templates to work from.
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GalacticGladiator
•Yeah, and if you see consistent patterns in what gets accepted vs rejected, it can help you craft language that aligns with what the SOS wants to see.
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QuantumQuasar
Update us when you get it figured out! I'm dealing with a similar mixed-collateral situation and would love to know what language finally works for the filing.
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Zainab Abdulrahman
•Will do! Planning to refile early next week with more specific collateral descriptions based on all this feedback.
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Amina Diop
•Definitely post an update. These collateral classification issues are so common, your solution could help a lot of people.
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